ATLAS INTERNATIONAL again

Ads: Please have answers below in bold green ( same text as your message):

Maria, is a gagging order as part of an agreement not an illegal activity and unenforceable in Spain?.

According to our Civil Code, provision 1265, it is void the consent given by mistake, violence, intimidation or fraud.

  Would this be legally perceived as a form of improper pressure and blackmail that acts as a disgraceful ploy by this company to cover up their illegal activities? Of course it would, if it is well alleged and proved.

If Atlas did go into administration could a lawsuit be subsequently brought against the bank where monies were deposited if no BG was made available, in order to reclaim interest in the interim periods between deposit and return of monies (albeit this return of monies occurred some time previously as described in the last posting) , given purchasers inalienable rights have now been reaffirmed by the SC with regard to article 1.2 of ley 57/68? The account which is considered a guarantee by provision 1.2 of Law 57/68 ( and corresponding Supreme Court Case Law) is the developer´s account. Not the agent´s. Banks have no possibility and therefore no obligation to monitor agent´s accounts.

Or would some form of time constraint be applicable in this circumstance to prohibit any future claim of this nature? Time constraints for action of law 57/68, as they have been considered by Supreme Court Case Law as derived from Law, are of 15 years.

Dear ads & maria,

As a layman, am I right in thinking that there may be some compensation available from ATLAS because of the financial and emotional trauma caused by them, even if it was 11 or 12 years ago?

Thanks

Simon

Thank you Maria.

So is it correct in saying that agents have no legal obligation to ensure deposited monies for offplan purchase MUST be placed into developer accounts ( from which they are subsequently legally protected according to article 1.2 of ley  57/68) ?, I.e. they have no legal obligation to ensure monies are safeguarded into developer accounts as part of their duty of care?

Is this not identical to lawyers who failed to ensure same adherence with regard to the requirement to place monies into developer accounts, and does this open up a Pandora's box of negligence claims?

This message was last edited by ads on 28/09/2016.

Sichez: Action against Atlas and/ or associated lawyers is always a possibility to be appraised

Those amounts they kept were not off plan deposits but their commissions

Deat Maria,

Would the law society take action to ensure that any lawyer involved in the conveyancing process via Atlas  is made to take appropriate steps to divulge the Bank where monies were initially deposited? Are lawyers expected to retain this information on their records for the duration of 15 years ( I.e according to the time constraint of legal action)?

Is there any regulatory body in Spain that regulates agents in terms of providing recognised accreditation and effectively deals with legitimate purchaser complaints, such that they can fine and strip them of their accreditation to act as disincentive to malpractice?

Law societies act as mediators, then if they cannot achieve a solution for the satisfaction on the enquirer, Courts are open for lawyers to display any information that Judge considers relevant for the solution of the case.

Yes, there are provincial regulatory bodies of Property Agents

Thanks Maria.

So the question now becomes have those that have suffered at the hands of Atlas and/ or conveyancing lawyers recommended by Atlas reported them to provincial regulatory bodies or law societies and has anything been achieved to date to make them accountable for their  compromising malpractices, especially if they have not assisted or been obstructive in gaining return of monies for innocent victims?

This message was last edited by ads on 29/09/2016.